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state-comparative-fault-joint-liability-rules

citation string	derived_fields list	id string	joint_liability_rule string	rule_type string	source string	source_quote string	state string	url string	verified_fields list	fault_bar string	fault_system string	fault_threshold string	joint_liability_threshold string
Matkin v. Smith, 643 So. 2d 949, 951 (Ala.1994).	[ "rule_type", "state" ]	alabama-joint-and-several-liability-rule	Each defendant is jointly and severally liable.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	No. Each defendant is jointly and severally liable. Matkin v. Smith, 643 So. 2d 949, 951 (Ala.1994).	Alabama	https://referencesource.org/state-comparative-fault-joint-liability-rules/alabama-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
Alaska Statutes § 09.17.080(d).	[ "rule_type", "state" ]	alaska-joint-and-several-liability-rule	Defendants are responsible only for their proportionate share of negligence.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Yes. Defendants are responsible only for their proportionate share of negligence. Alaska Statutes § 09.17.080(d).	Alaska	https://referencesource.org/state-comparative-fault-joint-liability-rules/alaska-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
12-2505	[ "fault_system", "fault_threshold", "rule_type", "state" ]	arizona-comparative-fault-system	null	Comparative fault system	https://www.azleg.gov/ars/12/02505.htm	The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault which...	Arizona	https://referencesource.org/state-comparative-fault-joint-liability-rules/arizona-comparative-fault-system/	[ "citation", "fault_bar" ]	the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault	Pure comparative fault	None	null
12-2506	[ "rule_type", "state" ]	arizona-joint-and-several-liability-rule	the liability of each defendant for damages is several only and is not joint, except as otherwise provided in this section	Joint and several liability rule	https://www.azleg.gov/ars/12/02506.htm	In an action for personal injury, property damage or wrongful death, the liability of each defendant for damages is several only and is not joint, except as otherwise provided in this section. Each defendant is liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's pe...	Arizona	https://referencesource.org/state-comparative-fault-joint-liability-rules/arizona-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
Arkansas Code § 16-55- 201 (2003).	[ "rule_type", "state" ]	arkansas-joint-and-several-liability-rule	Pure several liability, tortfeasor only liable for their proportion of the negligence.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Pure several liability, tortfeasor only liable for their proportion of the negligence. Arkansas Code § 16-55- 201 (2003).	Arkansas	https://referencesource.org/state-comparative-fault-joint-liability-rules/arkansas-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
California Civil Code § 1431.2(a) (2015).	[ "rule_type", "state" ]	california-joint-and-several-liability-rule	Defendants are proportionately liable for non-economic damages. However, they are jointly and severally liable for economic damages.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Yes. Defendants are proportionately liable for non-economic damages. However, they are jointly and severally liable for economic damages. California Civil Code § 1431.2(a) (2015).	California	https://referencesource.org/state-comparative-fault-joint-liability-rules/california-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
13-21-111	[ "fault_system", "fault_threshold", "rule_type", "state" ]	colorado-comparative-fault-system	null	Comparative fault system	https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.pdf	Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought	Colorado	https://referencesource.org/state-comparative-fault-joint-liability-rules/colorado-comparative-fault-system/	[ "citation", "fault_bar" ]	if such negligence was not as great as the negligence of the person against whom recovery is sought	Modified comparative fault (50% bar)	50%	null
13-21-111.5	[ "rule_type", "state" ]	colorado-joint-and-several-liability-rule	no defendant shall be liable for an amount greater than that represented by the degree or percentage of the negligence or fault attributable to such defendant that produced the claimed injury, death, damage, or loss	Joint and several liability rule	https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.pdf	(1) In an action brought as a result of a death or an injury to person or property, no defendant shall be liable for an amount greater than that represented by the degree or percentage of the negligence or fault attributable to such defendant that produced the claimed injury, death, damage, or loss, except as provided ...	Colorado	https://referencesource.org/state-comparative-fault-joint-liability-rules/colorado-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
Sec. 52-572h	[ "fault_system", "fault_threshold", "rule_type", "state" ]	connecticut-comparative-fault-system	null	Comparative fault system	https://www.cga.ct.gov/current/pub/chap_925.htm	In causes of action based on negligence, contributory negligence shall not bar recovery in an action by any person or the person's legal representative to recover damages resulting from personal injury, wrongful death or damage to property if the negligence was not greater than the combined negligence of the person or ...	Connecticut	https://referencesource.org/state-comparative-fault-joint-liability-rules/connecticut-comparative-fault-system/	[ "citation", "fault_bar" ]	if the negligence was not greater than the combined negligence of the person or persons against whom recovery is sought	Modified comparative fault (51% bar)	51%	null
Sec. 52-572h	[ "rule_type", "state" ]	connecticut-joint-and-several-liability-rule	each party against whom recovery is allowed shall be liable to the claimant only for such party's proportionate share of the recoverable economic damages and the recoverable noneconomic damages except as provided in subsection (g) of this section	Joint and several liability rule	https://www.cga.ct.gov/current/pub/chap_925.htm	(c) In a negligence action to recover damages resulting from personal injury, wrongful death or damage to property occurring on or after October 1, 1987, if the damages are determined to be proximately caused by the negligence of more than one party, each party against whom recovery is allowed shall be liable to the cl...	Connecticut	https://referencesource.org/state-comparative-fault-joint-liability-rules/connecticut-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
8132	[ "fault_system", "fault_threshold", "rule_type", "state" ]	delaware-comparative-fault-system	null	Comparative fault system	https://delcode.delaware.gov/title10/c081/index.html	In all actions brought to recover damages for negligence which results in death or injury to person or property, the fact that the plaintiff may have been contributorily negligent shall not bar a recovery by the plaintiff or the plaintiff’s legal representative where such negligence was not greater than the negligence ...	Delaware	https://referencesource.org/state-comparative-fault-joint-liability-rules/delaware-comparative-fault-system/	[ "citation", "fault_bar" ]	where such negligence was not greater than the negligence of the defendant or the combined negligence of all defendants against whom recovery is sought	Modified comparative fault (51% bar)	51%	null
10 Delaware Code § 6301; Blackshear v. Clark, 391 A.2d 747 (Del. 1978).	[ "rule_type", "state" ]	delaware-joint-and-several-liability-rule	Each defendant is jointly and severally liable.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	No. Each defendant is jointly and severally liable. 10 Delaware Code § 6301; Blackshear v. Clark, 391 A.2d 747 (Del. 1978).	Delaware	https://referencesource.org/state-comparative-fault-joint-liability-rules/delaware-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
National Health Laboratories, Inc. v. Ahmadi, 596 A.2d 555 (D.C. 1991).	[ "rule_type", "state" ]	district-of-columbia-joint-and-several-liability-rule	Each defendant is jointly and severally liable.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	No. Each defendant is jointly and severally liable. National Health Laboratories, Inc. v. Ahmadi, 596 A.2d 555 (D.C. 1991).	District of Columbia	https://referencesource.org/state-comparative-fault-joint-liability-rules/district-of-columbia-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
768.81	[ "fault_system", "fault_threshold", "rule_type", "state" ]	florida-comparative-fault-system	null	Comparative fault system	http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html	In a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. This subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence pursuant to chapter 766.	Florida	https://referencesource.org/state-comparative-fault-joint-liability-rules/florida-comparative-fault-system/	[ "citation", "fault_bar" ]	any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages	Modified comparative fault (51% bar)	51%	null
768.81	[ "rule_type", "state" ]	florida-joint-and-several-liability-rule	the court shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability	Joint and several liability rule	http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html	APPORTIONMENT OF DAMAGES.—In a negligence action, the court shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability.	Florida	https://referencesource.org/state-comparative-fault-joint-liability-rules/florida-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
Georgia Code § 51-12-33 (2022).	[ "rule_type", "state" ]	georgia-joint-and-several-liability-rule	Defendants are responsible only for their proportionate share of negligence.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Yes. Defendants are responsible only for their proportionate share of negligence. If the plaintiff is to some degree responsible for the injury or damages claimed, the judge must first decrease the damages based on the plaintiff’s degree of fault. Georgia Code § 51-12-33 (2022).	Georgia	https://referencesource.org/state-comparative-fault-joint-liability-rules/georgia-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
663-31	[ "fault_system", "fault_threshold", "rule_type", "state" ]	hawaii-comparative-fault-system	null	Comparative fault system	https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0031.htm	Contributory negligence shall not bar recovery in any action by any person or the person's legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the negligence of the person or in the case of more than one person, the aggreg...	Hawaii	https://referencesource.org/state-comparative-fault-joint-liability-rules/hawaii-comparative-fault-system/	[ "citation", "fault_bar" ]	if such negligence was not greater than the negligence of the person or in the case of more than one person, the aggregate negligence of such persons against whom recovery is sought	Modified comparative fault (51% bar)	51%	null
663-10.9	[ "rule_type", "state" ]	hawaii-joint-and-several-liability-rule	Joint and several liability for joint tortfeasors as defined in section 663-11 is abolished except in the following circumstances	Joint and several liability rule	https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0010_0009.htm	Joint and several liability for joint tortfeasors as defined in section 663-11 is abolished except in the following circumstances: (1) For the recovery of economic damages against joint tortfeasors in actions involving injury or death to persons; (2) For the recovery of economic and noneconomic damages against joint to...	Hawaii	https://referencesource.org/state-comparative-fault-joint-liability-rules/hawaii-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule", "joint_liability_threshold" ]	null	null	null	twenty-five per cent or more
6-801	[ "fault_system", "fault_threshold", "rule_type", "state" ]	idaho-comparative-fault-system	null	Comparative fault system	https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH8/SECT6-801/	Contributory negligence or comparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for negligence, gross negligence or comparative responsibility resulting in death or in injury to person or property, if such negligence or comparative responsibility wa...	Idaho	https://referencesource.org/state-comparative-fault-joint-liability-rules/idaho-comparative-fault-system/	[ "citation", "fault_bar" ]	if such negligence or comparative responsibility was not as great as the negligence, gross negligence or comparative responsibility of the person against whom recovery is sought	Modified comparative fault (50% bar)	50%	null
6-803	[ "rule_type", "state" ]	idaho-joint-and-several-liability-rule	The common law doctrine of joint and several liability is hereby limited to causes of action listed in subsection (5) of this section. In any action in which the trier of fact attributes the percentage of negligence or comparative responsibility to persons listed on a special verdict, the court shall enter a separate j...	Joint and several liability rule	https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH8/SECT6-803/	(3) The common law doctrine of joint and several liability is hereby limited to causes of action listed in subsection (5) of this section. In any action in which the trier of fact attributes the percentage of negligence or comparative responsibility to persons listed on a special verdict, the court shall enter a separa...	Idaho	https://referencesource.org/state-comparative-fault-joint-liability-rules/idaho-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
735 ILCS 5/2-1116	[ "fault_system", "fault_threshold", "rule_type", "state" ]	illinois-comparative-fault-system	null	Comparative fault system	https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116	In all actions on account of bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability, the plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the ...	Illinois	https://referencesource.org/state-comparative-fault-joint-liability-rules/illinois-comparative-fault-system/	[ "citation", "fault_bar" ]	the plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought	Modified comparative fault (51% bar)	51%	null
735 ILCS 5/2-1117	[ "rule_type", "state" ]	illinois-joint-and-several-liability-rule	all defendants found liable are jointly and severally liable for plaintiff's past and future medical and medically related expenses. Any defendant whose fault, as determined by the trier of fact, is less than 25% of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party...	Joint and several liability rule	https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1117	Except as provided in Section 2-1118, in actions on account of bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability, all defendants found liable are jointly and severally liable for plaintiff's past and future medical and medically related expen...	Illinois	https://referencesource.org/state-comparative-fault-joint-liability-rules/illinois-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule", "joint_liability_threshold" ]	null	null	null	25% or greater
Indiana Code § 34-51-2-8.	[ "rule_type", "state" ]	indiana-joint-and-several-liability-rule	Several liability for all but governmental entities and health care providers.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Several liability for all but governmental entities and health care providers. Indiana Code § 34-51-2-8.	Indiana	https://referencesource.org/state-comparative-fault-joint-liability-rules/indiana-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
668.3	[ "fault_system", "fault_threshold", "rule_type", "state" ]	iowa-comparative-fault-system	null	Comparative fault system	https://www.legis.iowa.gov/docs/code/668.3.pdf	Contributory fault shall not bar recovery in an action by a claimant to recover damages for fault resulting in death or in injury to person or property unless the claimant bears a greater percentage of fault than the combined percentage of fault attributed to the defendants, third-party defendants and persons who have ...	Iowa	https://referencesource.org/state-comparative-fault-joint-liability-rules/iowa-comparative-fault-system/	[ "citation", "fault_bar" ]	unless the claimant bears a greater percentage of fault than the combined percentage of fault attributed to the defendants	Modified comparative fault (51% bar)	51%	null
668.4	[ "rule_type", "state" ]	iowa-joint-and-several-liability-rule	the rule of joint and several liability shall not apply to defendants who are found to bear less than fifty percent of the total fault assigned to all parties. However, a defendant found to bear fifty percent or more of fault shall only be jointly and severally liable for economic damages and not for any noneconomic da...	Joint and several liability rule	https://www.legis.iowa.gov/docs/code/668.4.pdf	In actions brought under this chapter, the rule of joint and several liability shall not apply to defendants who are found to bear less than fifty percent of the total fault assigned to all parties. However, a defendant found to bear fifty percent or more of fault shall only be jointly and severally liable for economic...	Iowa	https://referencesource.org/state-comparative-fault-joint-liability-rules/iowa-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule", "joint_liability_threshold" ]	null	null	null	fifty percent or more
60-258a	[ "fault_system", "fault_threshold", "rule_type", "state" ]	kansas-comparative-fault-system	null	Comparative fault system	https://www.ksrevisor.gov/statutes/chapters/ch60/060_002_0058a.html	The contributory negligence of a party in a civil action does not bar that party or its legal representative from recovering damages for negligence resulting in death, personal injury, property damage or economic loss, if that party's negligence was less than the causal negligence of the party or parties against whom a...	Kansas	https://referencesource.org/state-comparative-fault-joint-liability-rules/kansas-comparative-fault-system/	[ "citation", "fault_bar" ]	if that party's negligence was less than the causal negligence of the party or parties against whom a claim is made	Modified comparative fault (50% bar)	50%	null
60-258a	[ "rule_type", "state" ]	kansas-joint-and-several-liability-rule	each party is liable for that portion of the total dollar amount awarded as damages to a claimant in the proportion that the amount of that party's causal negligence bears to the amount of the causal negligence attributed to all parties against whom recovery is permitted	Joint and several liability rule	https://www.ksrevisor.gov/statutes/chapters/ch60/060_002_0058a.html	When the comparative negligence of the parties is an issue and recovery is permitted against more than one party, each party is liable for that portion of the total dollar amount awarded as damages to a claimant in the proportion that the amount of that party's causal negligence bears to the amount of the causal neglig...	Kansas	https://referencesource.org/state-comparative-fault-joint-liability-rules/kansas-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
Kentucky Revised Statutes § 411.182.	[ "rule_type", "state" ]	kentucky-joint-and-several-liability-rule	When court apportions percentage of fault, defendant is only liable for comparable share of damages.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	When court apportions percentage of fault, defendant is only liable for comparable share of damages. Kentucky Revised Statutes § 411.182.	Kentucky	https://referencesource.org/state-comparative-fault-joint-liability-rules/kentucky-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
Louisiana Revised Statutes § 1786.	[ "rule_type", "state" ]	louisiana-joint-and-several-liability-rule	Damages may be several, joint, or solidary.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Damages may be several, joint, or solidary. Louisiana Revised Statutes § 1786.	Louisiana	https://referencesource.org/state-comparative-fault-joint-liability-rules/louisiana-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
156	[ "fault_system", "fault_threshold", "rule_type", "state" ]	maine-comparative-fault-system	null	Comparative fault system	https://legislature.maine.gov/statutes/14/title14sec156.html	If such claimant is found by the jury to be equally at fault, the claimant may not recover.	Maine	https://referencesource.org/state-comparative-fault-joint-liability-rules/maine-comparative-fault-system/	[ "citation", "fault_bar" ]	If such claimant is found by the jury to be equally at fault, the claimant may not recover.	Modified comparative fault (50% bar)	50%	null
Paine v. Spottiswoode, 612 A.2d 235 (Me. 1992). 14 M.R.S. § 156.	[ "rule_type", "state" ]	maine-joint-and-several-liability-rule	Each defendant is jointly and severally liable except in cases where the plaintiff’s degree of fault is greater than the defendant’s.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	No. Each defendant is jointly and severally liable except in cases where the plaintiff’s degree of fault is greater than the defendant’s. Paine v. Spottiswoode, 612 A.2d 235 (Me. 1992). 14 M.R.S. § 156.	Maine	https://referencesource.org/state-comparative-fault-joint-liability-rules/maine-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
Maryland Code § 3-1401.	[ "rule_type", "state" ]	maryland-joint-and-several-liability-rule	Each defendant is jointly and severally liable except when a plaintiff contributes to their own injuries.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	No. Each defendant is jointly and severally liable except when a plaintiff contributes to their own injuries. Maryland Code § 3-1401.	Maryland	https://referencesource.org/state-comparative-fault-joint-liability-rules/maryland-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
Section 85	[ "fault_system", "fault_threshold", "rule_type", "state" ]	massachusetts-comparative-fault-system	null	Comparative fault system	https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85	Section 85. Contributory negligence shall not bar recovery in any action by any person or legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the total amount of negligence attributable to the person or persons against who...	Massachusetts	https://referencesource.org/state-comparative-fault-joint-liability-rules/massachusetts-comparative-fault-system/	[ "citation", "fault_bar" ]	if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought	Modified comparative fault (51% bar)	51%	null
General Law - Part III, Title II, Chapter 231B, § 1.	[ "rule_type", "state" ]	massachusetts-joint-and-several-liability-rule	Each defendant is jointly and severally liable.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	No. Each defendant is jointly and severally liable. General Law - Part III, Title II, Chapter 231B, § 1.	Massachusetts	https://referencesource.org/state-comparative-fault-joint-liability-rules/massachusetts-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
MCLS § 600.6304.	[ "rule_type", "state" ]	michigan-joint-and-several-liability-rule	Defendants in Medical Malpractice suits are jointly and severally liable. All others are purely several.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Defendants in Medical Malpractice suits are jointly and severally liable. All others are purely several. MCLS § 600.6304.	Michigan	https://referencesource.org/state-comparative-fault-joint-liability-rules/michigan-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
604.01	[ "fault_system", "fault_threshold", "rule_type", "state" ]	minnesota-comparative-fault-system	null	Comparative fault system	https://www.revisor.mn.gov/statutes/cite/604.01	Contributory fault does not bar recovery in an action by any person or the person's legal representative to recover damages for fault resulting in death, in injury to person or property, or in economic loss, if the contributory fault was not greater than the fault of the person against whom recovery is sought, but any ...	Minnesota	https://referencesource.org/state-comparative-fault-joint-liability-rules/minnesota-comparative-fault-system/	[ "citation", "fault_bar" ]	if the contributory fault was not greater than the fault of the person against whom recovery is sought	Modified comparative fault (51% bar)	51%	null
604.02 APPORTIONMENT OF DAMAGES.	[ "rule_type", "state" ]	minnesota-joint-and-several-liability-rule	When two or more persons are severally liable, contributions to awards shall be in proportion to the percentage of fault attributable to each, except that the following persons are jointly and severally liable for the whole award	Joint and several liability rule	https://www.revisor.mn.gov/statutes/cite/604.02	When two or more persons are severally liable, contributions to awards shall be in proportion to the percentage of fault attributable to each, except that the following persons are jointly and severally liable for the whole award: (1) a person whose fault is greater than 50 percent; (2) two or more persons who act in a...	Minnesota	https://referencesource.org/state-comparative-fault-joint-liability-rules/minnesota-joint-and-several-liability-rule/	[ "joint_liability_rule", "joint_liability_threshold" ]	null	null	null	greater than 50 percent
Mississippi Code § 85-5- 7(2) and (4).	[ "rule_type", "state" ]	mississippi-joint-and-several-liability-rule	Defendants are responsible only for their proportionate share of negligence except where they consciously or deliberately pursue a common plan or design to commit a tortious act or actively take part in it.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Yes. Defendants are responsible only for their proportionate share of negligence except where they consciously or deliberately pursue a common plan or design to commit a tortious act or actively take part in it. Mississippi Code § 85-5- 7(2) and (4).	Mississippi	https://referencesource.org/state-comparative-fault-joint-liability-rules/mississippi-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
Missouri Revised Statutes § 537.067	[ "rule_type", "state" ]	missouri-joint-and-several-liability-rule	A defendant can only be held jointly liable for damages if the defendant is greater than 51% at fault. A defendant who is less than 51% at fault shall only be responsible for damages in proportion to his or her degree of fault.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	A defendant can only be held jointly liable for damages if the defendant is greater than 51% at fault. A defendant who is less than 51% at fault shall only be responsible for damages in proportion to his or her degree of fault. Missouri Revised Statutes § 537.067	Missouri	https://referencesource.org/state-comparative-fault-joint-liability-rules/missouri-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule", "joint_liability_threshold" ]	null	null	null	greater than 51%
27-1-702	[ "fault_system", "fault_threshold", "rule_type", "state" ]	montana-comparative-fault-system	null	Comparative fault system	https://archive.legmt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0020/0270-0010-0070-0020.html	Contributory negligence does not bar recovery in an action by a person or the person's legal representative to recover damages for negligence resulting in death or injury to the person or property if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons ...	Montana	https://referencesource.org/state-comparative-fault-joint-liability-rules/montana-comparative-fault-system/	[ "citation", "fault_bar" ]	if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons against whom recovery is sought	Modified comparative fault (51% bar)	51%	null
27-1-703	[ "rule_type", "state" ]	montana-joint-and-several-liability-rule	A party whose negligence is determined to be 50% or less of the combined negligence of all persons described in subsection (4) is severally liable only and is responsible only for the percentage of negligence attributable to that party, except as provided in subsection (3). The remaining parties are jointly and several...	Joint and several liability rule	https://archive.legmt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0030/0270-0010-0070-0030.html	(2) A party whose negligence is determined to be 50% or less of the combined negligence of all persons described in subsection (4) is severally liable only and is responsible only for the percentage of negligence attributable to that party, except as provided in subsection (3). The remaining parties are jointly and sev...	Montana	https://referencesource.org/state-comparative-fault-joint-liability-rules/montana-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule", "joint_liability_threshold" ]	null	null	null	50% or less
25-21,185.09	[ "fault_system", "fault_threshold", "rule_type", "state" ]	nebraska-comparative-fault-system	null	Comparative fault system	https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,185.09	Any contributory negligence chargeable to the claimant shall diminish proportionately the amount awarded as damages for an injury attributable to the claimant's contributory negligence but shall not bar recovery, except that if the contributory negligence of the claimant is equal to or greater than the total negligence...	Nebraska	https://referencesource.org/state-comparative-fault-joint-liability-rules/nebraska-comparative-fault-system/	[ "citation", "fault_bar" ]	if the contributory negligence of the claimant is equal to or greater than the total negligence of all persons against whom recovery is sought, the claimant shall be totally barred from recovery	Modified comparative fault (50% bar)	50%	null
25-21,185.10	[ "rule_type", "state" ]	nebraska-joint-and-several-liability-rule	the liability of each defendant for economic damages shall be joint and several and the liability of each defendant for noneconomic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of noneconomic damages allocated to that defendant in direct proportion to that def...	Joint and several liability rule	https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,185.10	In any other action involving more than one defendant, the liability of each defendant for economic damages shall be joint and several and the liability of each defendant for noneconomic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of noneconomic damages alloc...	Nebraska	https://referencesource.org/state-comparative-fault-joint-liability-rules/nebraska-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
NRS 41.141	[ "fault_system", "fault_threshold", "rule_type", "state" ]	nevada-comparative-fault-system	null	Comparative fault system	https://www.leg.state.nv.us/NRS/NRS-041.html	In any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or the plaintiff’s decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence o...	Nevada	https://referencesource.org/state-comparative-fault-joint-liability-rules/nevada-comparative-fault-system/	[ "citation", "fault_bar" ]	does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought	Modified comparative fault (51% bar)	51%	null
NRS 41.141	[ "rule_type", "state" ]	nevada-joint-and-several-liability-rule	each defendant is severally liable to the plaintiff only for that portion of the judgment which represents the percentage of negligence attributable to that defendant	Joint and several liability rule	https://www.leg.state.nv.us/NRS/NRS-041.html	4. Where recovery is allowed against more than one defendant in such an action, except as otherwise provided in subsection 5, each defendant is severally liable to the plaintiff only for that portion of the judgment which represents the percentage of negligence attributable to that defendant.	Nevada	https://referencesource.org/state-comparative-fault-joint-liability-rules/nevada-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
507:7-d	[ "fault_system", "fault_threshold", "rule_type", "state" ]	new-hampshire-comparative-fault-system	null	Comparative fault system	https://www.gencourt.state.nh.us/rsa/html/LII/507/507-7-d.htm	Contributory fault shall not bar recovery in an action by any plaintiff or plaintiff's legal representative, to recover damages in tort for death, personal injury or property damage, if such fault was not greater than the fault of the defendant, or the defendants in the aggregate	New Hampshire	https://referencesource.org/state-comparative-fault-joint-liability-rules/new-hampshire-comparative-fault-system/	[ "citation", "fault_bar" ]	if such fault was not greater than the fault of the defendant, or the defendants in the aggregate	Modified comparative fault (51% bar)	51%	null
507:7-e	[ "rule_type", "state" ]	new-hampshire-joint-and-several-liability-rule	Enter judgment against each party liable on the basis of the rules of joint and several liability, except that if any party shall be less than 50 percent at fault, then that party's liability shall be several and not joint and he shall be liable only for the damages attributable to him	Joint and several liability rule	https://www.gencourt.state.nh.us/rsa/html/LII/507/507-7-e.htm	(b) Enter judgment against each party liable on the basis of the rules of joint and several liability, except that if any party shall be less than 50 percent at fault, then that party's liability shall be several and not joint and he shall be liable only for the damages attributable to him.	New Hampshire	https://referencesource.org/state-comparative-fault-joint-liability-rules/new-hampshire-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule", "joint_liability_threshold" ]	null	null	null	less than 50 percent
New Jersey Statutes § 2A:15-5.3 (1995).	[ "rule_type", "state" ]	new-jersey-joint-and-several-liability-rule	Defendants are responsible only for their proportionate share of negligence if they are found to be less than 60% at fault. Defendants found to be 60% at fault are subject to a modified rule.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Yes. Defendants are responsible only for their proportionate share of negligence if they are found to be less than 60% at fault. Defendants found to be 60% at fault are subject to a modified rule. New Jersey Statutes § 2A:15-5.3 (1995).	New Jersey	https://referencesource.org/state-comparative-fault-joint-liability-rules/new-jersey-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule", "joint_liability_threshold" ]	null	null	null	less than 60% at fault
N.M. Stat. § 41-3A-1.	[ "rule_type", "state" ]	new-mexico-joint-and-several-liability-rule	Defendants are responsible only for their proportionate share of negligence except in cases where defendant intended to inflict injury, strict liability, vicarious liability or situations “having a sound basis in public policy.”	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Yes. Defendants are responsible only for their proportionate share of negligence except in cases where defendant intended to inflict injury, strict liability, vicarious liability or situations “having a sound basis in public policy.” N.M. Stat. § 41-3A-1.	New Mexico	https://referencesource.org/state-comparative-fault-joint-liability-rules/new-mexico-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
Cooney v. Osgood Machinery, 612 N.E.2d 277 (N.Y. 1993); Civil Practice Law & Rules Article 16 §§ 1600 — 1603.	[ "rule_type", "state" ]	new-york-joint-and-several-liability-rule	For non-economic damages. Defendants are responsible only for their proportionate share of negligence if they are found to be 50% or less liable. Defendants can be held jointly and severally liable for economic damages.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Yes. For non-economic damages. Defendants are responsible only for their proportionate share of negligence if they are found to be 50% or less liable. Defendants can be held jointly and severally liable for economic damages. Cooney v. Osgood Machinery, 612 N.E.2d 277 (N.Y. 1993); Civil Practice Law & Rules Article 16 §...	New York	https://referencesource.org/state-comparative-fault-joint-liability-rules/new-york-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule", "joint_liability_threshold" ]	null	null	null	50% or less
North Carolina General Statutes § 1B-2. Brewer v. Harris, 279 N.C. 288, 182 S.E.2d 345 (N.C. 1971).	[ "rule_type", "state" ]	north-carolina-joint-and-several-liability-rule	Each defendant is jointly and severally liable, except if a plaintiff’s failure to use ordinary care was a proximate cause of his or her injury, the plaintiff may not recover unless the case involves willful or wanton conduct by defendants.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	No. Each defendant is jointly and severally liable, except if a plaintiff’s failure to use ordinary care was a proximate cause of his or her injury, the plaintiff may not recover unless the case involves willful or wanton conduct by defendants. North Carolina General Statutes § 1B-2. Brewer v. Harris, 279 N.C. 288, 182...	North Carolina	https://referencesource.org/state-comparative-fault-joint-liability-rules/north-carolina-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
32-03.2-02	[ "fault_system", "fault_threshold", "rule_type", "state" ]	north-dakota-comparative-fault-system	null	Comparative fault system	https://ndlegis.gov/cencode/t32c03-2.pdf	Contributory fault does not bar recovery in an action by any person to recover damages for death or injury to person or property unless the fault was as great as the combined fault of all other persons who contribute to the injury, but any damages allowed must be diminished in proportion to the amount of contributing f...	North Dakota	https://referencesource.org/state-comparative-fault-joint-liability-rules/north-dakota-comparative-fault-system/	[ "citation", "fault_bar" ]	unless the fault was as great as the combined fault of all other persons who contribute to the injury	Modified comparative fault (50% bar)	50%	null
32-03.2-02	[ "rule_type", "state" ]	north-dakota-joint-and-several-liability-rule	the liability of each party is several only, and is not joint, and each party is liable only for the amount of damages attributable to the percentage of fault of that party	Joint and several liability rule	https://ndlegis.gov/cencode/t32c03-2.pdf	When two or more parties are found to have contributed to the injury, the liability of each party is several only, and is not joint, and each party is liable only for the amount of damages attributable to the percentage of fault of that party, except that any persons who act in concert in committing a tortious act or a...	North Dakota	https://referencesource.org/state-comparative-fault-joint-liability-rules/north-dakota-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
Section 2315.33	[ "fault_system", "fault_threshold", "rule_type", "state" ]	ohio-comparative-fault-system	null	Comparative fault system	https://codes.ohio.gov/ohio-revised-code/section-2315.33	The contributory fault of a person does not bar the person as plaintiff from recovering damages that have directly and proximately resulted from the tortious conduct of one or more other persons, if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons from whom...	Ohio	https://referencesource.org/state-comparative-fault-joint-liability-rules/ohio-comparative-fault-system/	[ "citation", "fault_bar" ]	if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons from whom the plaintiff seeks recovery in this action	Modified comparative fault (51% bar)	51%	null
Section 2307.22	[ "rule_type", "state" ]	ohio-joint-and-several-liability-rule	jointly and severally liable in tort for all compensatory damages that represent economic loss	Joint and several liability rule	https://codes.ohio.gov/ohio-revised-code/section-2307.22	In a tort action in which the trier of fact determines that two or more persons proximately caused the same injury or loss to person or property or the same wrongful death and in which the trier of fact determines that more than fifty per cent of the tortious conduct is attributable to one defendant, that defendant sha...	Ohio	https://referencesource.org/state-comparative-fault-joint-liability-rules/ohio-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule", "joint_liability_threshold" ]	null	null	null	more than fifty per cent
Oklahoma Statutes § 23-15.	[ "rule_type", "state" ]	oklahoma-joint-and-several-liability-rule	In any civil action based on fault and not arising out of contract, the liability for damages caused by two or more persons shall be several only and a joint tortfeasor shall be liable only for the amount of damages allocated to that tortfeasor.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Yes. In any civil action based on fault and not arising out of contract, the liability for damages caused by two or more persons shall be several only and a joint tortfeasor shall be liable only for the amount of damages allocated to that tortfeasor. Oklahoma Statutes § 23-15.	Oklahoma	https://referencesource.org/state-comparative-fault-joint-liability-rules/oklahoma-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
31.600	[ "fault_system", "fault_threshold", "rule_type", "state" ]	oregon-comparative-fault-system	null	Comparative fault system	https://www.oregonlegislature.gov/bills_laws/ors/ors031.html	Contributory negligence shall not bar recovery in an action by any person or the legal representative of the person to recover damages for death or injury to person or property if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2) of this section, b...	Oregon	https://referencesource.org/state-comparative-fault-joint-liability-rules/oregon-comparative-fault-system/	[ "citation", "fault_bar" ]	if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2) of this section	Modified comparative fault (51% bar)	51%	null
31.610	[ "rule_type", "state" ]	oregon-joint-and-several-liability-rule	the liability of each defendant for damages awarded to plaintiff shall be several only and shall not be joint	Joint and several liability rule	https://www.oregonlegislature.gov/bills_laws/ors/ors031.html	(1) Except as otherwise provided in this section, in any civil action arising out of bodily injury, death or property damage, including claims for emotional injury or distress, loss of care, comfort, companionship and society, and loss of consortium, the liability of each defendant for damages awarded to plaintiff shal...	Oregon	https://referencesource.org/state-comparative-fault-joint-liability-rules/oregon-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
42 Pa. C.S. § 7102.	[ "rule_type", "state" ]	pennsylvania-joint-and-several-liability-rule	Liability is several and not joint unless conduct involves an intentional misrepresentation or intentional tort or when the defendant has 60 percent or more of the judgment apportioned to him/her.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Yes. Liability is several and not joint unless conduct involves an intentional misrepresentation or intentional tort or when the defendant has 60 percent or more of the judgment apportioned to him/her. 42 Pa. C.S. § 7102.	Pennsylvania	https://referencesource.org/state-comparative-fault-joint-liability-rules/pennsylvania-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule", "joint_liability_threshold" ]	null	null	null	60 percent or more
9-20-4	[ "fault_system", "fault_threshold", "rule_type", "state" ]	rhode-island-comparative-fault-system	null	Comparative fault system	https://webserver.rilegislature.gov/Statutes/TITLE9/9-20/9-20-4.htm	In all actions hereafter brought for personal injuries, or where personal injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property or person having control over the property, may not have been in the exercise of due care or the fact that the danger or de...	Rhode Island	https://referencesource.org/state-comparative-fault-joint-liability-rules/rhode-island-comparative-fault-system/	[ "citation", "fault_bar" ]	shall not bar a recovery, but damages shall be diminished by the finder of fact in proportion to the amount of negligence attributable to the person injured	Pure comparative fault	None	null
Rhode Island General Laws § 10- 6-2.	[ "rule_type", "state" ]	rhode-island-joint-and-several-liability-rule	Each party is jointly and severally liable.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	No. Each party is jointly and severally liable. Rhode Island General Laws § 10- 6-2.	Rhode Island	https://referencesource.org/state-comparative-fault-joint-liability-rules/rhode-island-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
South Carolina Code § 15-38-15.	[ "rule_type", "state" ]	south-carolina-joint-and-several-liability-rule	Defendants who are equal to or greater than 50% at fault can be held jointly and severally liable.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	negligence. Defendants who are equal to or greater than 50% at fault can be held jointly and severally liable. South Carolina Code § 15-38-15.	South Carolina	https://referencesource.org/state-comparative-fault-joint-liability-rules/south-carolina-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule", "joint_liability_threshold" ]	null	null	null	equal to or greater than 50%
South Dakota Codified Laws § 15-8-11.	[ "rule_type", "state" ]	south-dakota-joint-and-several-liability-rule	Each party is jointly and severally liable, but parties who are allocated less than 50% of the total fault may only be jointly liable for more than 2xs the percentage of fault allocated to that party.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	No. Each party is jointly and severally liable, but parties who are allocated less than 50% of the total fault may only be jointly liable for more than 2xs the percentage of fault allocated to that party. South Dakota Codified Laws § 15-8-11.	South Dakota	https://referencesource.org/state-comparative-fault-joint-liability-rules/south-dakota-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule", "joint_liability_threshold" ]	null	null	null	less than 50%
Tennessee Code § 29-11-107.	[ "rule_type", "state" ]	tennessee-joint-and-several-liability-rule	Only in the following actions: (1)in a civil conspiracy when two or more at fault defendants act in concert; and in a product’s claim against a manufacturer on a theory of strict liability or breach of warranty.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Only in the following actions: (1)in a civil conspiracy when two or more at fault defendants act in concert; and in a product’s claim against a manufacturer on a theory of strict liability or breach of warranty. Tennessee Code § 29-11-107.	Tennessee	https://referencesource.org/state-comparative-fault-joint-liability-rules/tennessee-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
Texas Civil Practice & Remedies Code § 33.013(a).	[ "rule_type", "state" ]	texas-joint-and-several-liability-rule	Named defendants are held responsible only for the portion of fault attributable to them, unless a defendant is more than 51% at fault.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Yes. Named defendants are held responsible only for the portion of fault attributable to them, unless a defendant is more than 51% at fault. Texas Civil Practice & Remedies Code § 33.013(a).	Texas	https://referencesource.org/state-comparative-fault-joint-liability-rules/texas-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule", "joint_liability_threshold" ]	null	null	null	more than 51%
Utah Code § 78B-5-818.	[ "rule_type", "state" ]	utah-joint-and-several-liability-rule	Defendants are responsible only for their proportionate share of negligence. Utah Code § 78B-5-818. Except potentially in products cases between the manufacturer, distributors, and sellers of allegedly defective products. See Bylsma v. R.C. Willey, 2017 UT 85, 416 P.3d 595 (2017).	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Yes. Defendants are responsible only for their proportionate share of negligence. Utah Code § 78B-5-818. Except potentially in products cases between the manufacturer, distributors, and sellers of allegedly defective products. See Bylsma v. R.C. Willey, 2017 UT 85, 416 P.3d 595 (2017).	Utah	https://referencesource.org/state-comparative-fault-joint-liability-rules/utah-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
Vermont Statutes § 1036.	[ "rule_type", "state" ]	vermont-joint-and-several-liability-rule	Each party is jointly and severally liable.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	No. Each party is jointly and severally liable. Vermont Statutes § 1036.	Vermont	https://referencesource.org/state-comparative-fault-joint-liability-rules/vermont-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
Virginia Code § 8.01-443.	[ "rule_type", "state" ]	virginia-joint-and-several-liability-rule	Each party is jointly and severally liable.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	No. Each party is jointly and severally liable. Virginia Code § 8.01-443.	Virginia	https://referencesource.org/state-comparative-fault-joint-liability-rules/virginia-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
RCW 4.22.005	[ "fault_system", "fault_threshold", "rule_type", "state" ]	washington-comparative-fault-system	null	Comparative fault system	https://app.leg.wa.gov/RCW/default.aspx?cite=4.22.005	In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery.	Washington	https://referencesource.org/state-comparative-fault-joint-liability-rules/washington-comparative-fault-system/	[ "citation", "fault_bar" ]	any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery	Pure comparative fault	None	null
RCW 4.22.070	[ "rule_type", "state" ]	washington-joint-and-several-liability-rule	The liability of each defendant shall be several only and shall not be joint	Joint and several liability rule	https://app.leg.wa.gov/RCW/default.aspx?cite=4.22.070	Judgment shall be entered against each defendant except those who have been released by the claimant or are immune from liability to the claimant or have prevailed on any other individual defense against the claimant in an amount which represents that party's proportionate share of the claimant's total damages. The lia...	Washington	https://referencesource.org/state-comparative-fault-joint-liability-rules/washington-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
13c	[ "fault_system", "fault_threshold", "rule_type", "state" ]	west-virginia-comparative-fault-system	null	Comparative fault system	https://code.wvlegislature.gov/55-7-13c/	Any fault chargeable to the plaintiff shall not bar recovery by the plaintiff unless the plaintiff's fault is greater than the combined fault of all other persons responsible for the total amount of damages, if any, to be awarded.	West Virginia	https://referencesource.org/state-comparative-fault-joint-liability-rules/west-virginia-comparative-fault-system/	[ "citation", "fault_bar" ]	unless the plaintiff's fault is greater than the combined fault of all other persons responsible for the total amount of damages	Modified comparative fault (51% bar)	51%	null
55-7-13c	[ "rule_type", "state" ]	west-virginia-joint-and-several-liability-rule	the liability of each defendant for compensatory damages shall be several only and may not be joint. Each defendant shall be liable only for the amount of compensatory damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment shall be rendered against each...	Joint and several liability rule	https://code.wvlegislature.gov/55-7-13c/	(a) In any action for damages, the liability of each defendant for compensatory damages shall be several only and may not be joint. Each defendant shall be liable only for the amount of compensatory damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment...	West Virginia	https://referencesource.org/state-comparative-fault-joint-liability-rules/west-virginia-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null
Wisconsin Statutes § 895.045(1)- 895.045(3).	[ "rule_type", "state" ]	wisconsin-joint-and-several-liability-rule	Defendants are responsible only for their proportionate share of negligence if they are less than 51% at fault unless a defendant acted as part of a common scheme or plan.	Joint and several liability rule	https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf	Yes. Defendants are responsible only for their proportionate share of negligence if they are less than 51% at fault unless a defendant acted as part of a common scheme or plan. Wisconsin Statutes § 895.045(1)- 895.045(3).	Wisconsin	https://referencesource.org/state-comparative-fault-joint-liability-rules/wisconsin-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule", "joint_liability_threshold" ]	null	null	null	less than 51%
1-1-109	[ "fault_system", "fault_threshold", "rule_type", "state" ]	wyoming-comparative-fault-system	null	Comparative fault system	https://www.wyoleg.gov/statutes/compress/title01.pdf	Contributory fault shall not bar a recovery in an action by any claimant or the claimant's legal representative to recover damages for wrongful death or injury to person or property, if the contributory fault of the claimant is not more than fifty percent (50%) of the total fault of all actors. Any damages allowed shal...	Wyoming	https://referencesource.org/state-comparative-fault-joint-liability-rules/wyoming-comparative-fault-system/	[ "citation", "fault_bar" ]	if the contributory fault of the claimant is not more than fifty percent (50%) of the total fault of all actors	Modified comparative fault (51% bar)	51%	null
1-1-109	[ "rule_type", "state" ]	wyoming-joint-and-several-liability-rule	Each defendant is liable only to the extent of that defendant's proportion of the total fault determined under paragraph (c)(i) or (ii) of this section	Joint and several liability rule	https://www.wyoleg.gov/statutes/compress/title01.pdf	(e) Each defendant is liable only to the extent of that defendant's proportion of the total fault determined under paragraph (c)(i) or (ii) of this section.	Wyoming	https://referencesource.org/state-comparative-fault-joint-liability-rules/wyoming-joint-and-several-liability-rule/	[ "citation", "joint_liability_rule" ]	null	null	null	null

Comparative fault system and joint and several liability rules by state

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Last verified: 2026-09-16
Stale after: 2027-09-16 (past this date, prefer the canonical copy — it re-verifies on a cadence this snapshot does not)
Records: 75

If you are partly at fault for your own injury, can you still sue? And if multiple defendants caused the harm, can you collect the full judgment from just one of them? Every state answers both questions differently, and the answers interact. Four states plus DC still follow contributory negligence, barring recovery if the plaintiff is even 1% at fault. The rest use comparative fault, but split into pure comparative (plaintiff recovers even at 99% fault, reduced by their share), modified 50% bar (plaintiff 50% or more at fault recovers nothing), and modified 51% bar (plaintiff 51% or more at fault recovers nothing). On top of this, joint and several liability rules determine whether a plaintiff can collect the entire judgment from any single defendant or only each defendant's proportionate share -- and many states apply a fault threshold (e.g. joint liability only if a defendant is 25% or more at fault) or limit joint liability to economic damages only. One record per state, each quoting the statute or the controlling court decision in its own words. Answers 'is Virginia a contributory negligence state', 'comparative fault threshold by state', 'joint and several liability in Ohio', 'can I sue if I was 50% at fault', 'which states follow pure comparative fault'. This is a reference lookup, not legal advice: intentional-tort exceptions, environmental-claim exceptions, and products-liability exceptions change the answer in specific cases.

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